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Aaliyah Smith

I heavily recommend this firm , they were very helpful and easy to work with . Thank Yall so very much

Cristina Oliva

Recommend this firm! Dedicated and helpful people

Elizabeth Navarro

After my experience I wouldn’t consider any other firm to help me. the person I spoke to was very detail oriented.

Natalia Garcia

Very satisfied with the service they provided. I was well informed through the whole process thanks to staff. Highly recommend!!

Libby Aguilera

Very professional, they answered all of my questions, and were there for me every step of the way! I am so pleased with the results! I Defnitely recommend!!

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Hurt in New Mexico? We Fight Insurance Companies & Those Who Caused You Harm.

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$1

Billion

Won & Counting Our clients recover all the compensation they deserve.

99%

Success Rate in New Mexico Injury Cases We’re committed to justice & holding insurance companies accountable.

Top 10

Injury Lawyers in the U.S. Recognized by the National Academy of Personal Injury Attorneys.

AT THE LAW GIANT,

We Win Big!

With thousands of satisfied clients, our New Mexico premises liability attorneys have what it takes to fight for your rights.

No one ever expects to get hurt on another’s property. But when someone’s negligence is the cause of your injuries, you can hold them accountable. For example, maybe you slipped and fell at your favorite coffee shop. Or perhaps you were injured at your apartment due to improper security.

With over $1 billion recovered, the Law Giant injury team and our New Mexico premises liability attorneys can explain your options and help you recover everything you need. Reach out today at (505) 900-0000 for a free consultation—no up-front costs, and we only get paid when you do.

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More About The Law Giant

Protecting Property Injury Victims Throughout the Land of Enchantment

From the bustling streets of downtown Albuquerque to the quiet pueblos of northern New Mexico, from Las Cruces shopping centers to Farmington industrial sites, property owners have a legal duty to maintain safe premises. When they fail, people get hurt. At Law Giant Injury Lawyers, our premises liability attorneys serve injured victims across all 33 counties of New Mexico, holding negligent property owners accountable for the harm they cause.

With over $1 billion recovered for injury victims and a 99% success rate in New Mexico injury cases, we have the experience, resources, and determination to handle complex premises liability claims. Whether you were injured at a Santa Fe art gallery, a Roswell retail store, or a Taos ski resort, we understand the unique aspects of New Mexico premises law and fight for maximum compensation. Call (505) 900-0000 for a free consultation—we only get paid when you win.

Understanding Premises Liability in New Mexico

No one expects to be injured while shopping, dining, working, or visiting someone else’s property. But when property owners fail to maintain safe conditions—whether through active negligence or passive indifference—innocent people pay the price. New Mexico law holds property owners responsible for injuries caused by dangerous conditions they knew about or should have discovered through reasonable care.

Our state’s diverse properties present unique challenges. Historic adobe buildings in Santa Fe require different maintenance than modern oil field facilities in Hobbs. Mountain resorts face different hazards than desert casinos. Rural ranch properties have different obligations than urban apartment complexes. Our attorneys understand these distinctions and how they affect your claim.

Common Types of Premises Liability Cases Across New Mexico

Slip and Fall Accidents

The most common premises liability claims involve slip and fall injuries from wet floors, uneven surfaces, poor lighting, or weather-related hazards. These occur everywhere from Gallup grocery stores to Los Alamos laboratories.

Inadequate Security

Property owners must provide reasonable security measures. When assaults, robberies, or other crimes occur due to inadequate lighting, broken locks, or absent security in high-crime areas, victims may have claims against negligent property owners.

Dog Bites and Animal Attacks

New Mexico follows a “one-bite rule” with strict liability modifications. Dog owners can be held responsible for attacks, especially if they knew their animal was dangerous. This includes incidents at private homes and public spaces throughout the state.

Swimming Pool Accidents

From hotel pools in Albuquerque to private pools in Las Cruces, property owners must ensure proper fencing, supervision, and maintenance to prevent drownings and injuries.

Negligent Maintenance

Broken stairs, defective elevators, falling objects, and structural failures cause serious injuries. Whether in a Silver City apartment building or a Farmington shopping mall, owners must maintain their properties safely.

Retail Store Accidents

Falling merchandise, wet floors, cluttered aisles, and poor lighting in stores from national chains to local shops can lead to customer injuries and liability claims.

Restaurant and Bar Injuries

Beyond slip and falls, restaurant injuries can include burns from hot plates, cuts from broken glass, or injuries from poorly maintained furniture. Bars face additional liability for overserving patrons.

Construction Site Accidents

New Mexico’s growth means construction sites statewide. When proper safety measures aren’t followed, workers and passersby can suffer serious injuries.

Parking Lot and Garage Accidents

Poor lighting, potholes, inadequate snow removal, and criminal attacks in parking areas can all lead to premises liability claims.

Amusement Park and Recreational Injuries

From state fair rides to ski resort accidents, recreational facilities must maintain equipment and provide adequate safety measures.

Determining Fault in New Mexico Premises Liability Cases

Establishing fault is crucial for a successful claim. Your premises liability attorney must prove that the property owner breached their duty of care, causing your injuries. This involves analyzing:

Property Owner Duties

New Mexico law establishes different duties based on your status when injured:

  • Invitees (customers, guests) receive the highest protection—owners must inspect for and fix dangerous conditions
  • Licensees (social guests) must be warned of known dangers
  • Trespassers are owed limited duty, except for children under the attractive nuisance doctrine

Multiple Liable Parties

Liability isn’t always straightforward. Potential defendants may include:

  • Property owners
  • Property management companies
  • Maintenance contractors
  • Security companies
  • Tenants or lessees
  • Government entities (with special rules)

Building Your Premises Liability Case

Our attorneys gather comprehensive evidence to prove negligence:

  • Photographic Evidence – Images of the dangerous condition, your injuries, and the surrounding area
  • Medical Documentation – Records linking your injuries directly to the property hazard
  • Surveillance Footage – Security camera evidence before property owners delete it
  • Witness Testimony – Statements from people who saw the accident or knew about the danger
  • Expert Analysis – Safety experts, engineers, or security consultants who can testify about proper standards
  • Maintenance Records – Documentation showing neglected repairs or ignored hazards
  • Prior Incidents – Evidence of previous accidents demonstrating the owner’s knowledge of danger

New Mexico Laws Affecting Your Premises Liability Claim

Pure Comparative Negligence

New Mexico follows pure comparative negligence rules. Even if you’re partially at fault, you can recover damages reduced by your percentage of fault. For example, if you’re 30% at fault for not seeing a hazard, you can still recover 70% of your damages. Insurance companies often exaggerate victim fault, making experienced legal representation crucial.

Statute of Limitations

You generally have three years from the injury date to file a premises liability lawsuit in New Mexico. However, claims against government entities require notice within 90 days and filing within two years. Don’t wait—evidence disappears and memories fade quickly.

The Open and Obvious Doctrine

Property owners often claim hazards were “open and obvious” to avoid liability. However, New Mexico courts recognize that even obvious dangers may create liability if the owner should have anticipated harm. Our attorneys know how to counter this common defense.

Special Rules for Different Properties

Certain properties face unique legal considerations:

  • Government properties (Tort Claims Act limitations)
  • Tribal lands (sovereign immunity issues)
  • Agricultural properties (recreational use statutes)
  • Historic properties (balancing preservation with safety)

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We Win Big in New Mexico Premises Liability Cases

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Compensation Available in New Mexico Premises Liability Cases


Economic Damages

You deserve compensation for all financial losses:

  • Medical expenses (emergency care, surgery, rehabilitation)
  • Future medical needs
  • Lost wages and benefits
  • Reduced earning capacity
  • Property damage
  • Household services
  • Travel expenses for medical care

Non-Economic Damages

The impact goes beyond finances:

  • Physical pain and suffering
  • Emotional distress and mental anguish
  • Loss of enjoyment of life
  • Permanent disability or disfigurement
  • Loss of consortium (impact on relationships)

Punitive Damages

When property owners’ conduct is particularly egregious—such as knowing about severe dangers and ignoring them—courts may award punitive damages to punish the wrongdoer and deter similar conduct.

Why Choose Law Giant for Your New Mexico Premises Liability Case

Statewide Experience

We’ve handled premises liability cases in venues across New Mexico, from metropolitan courts to rural county courthouses. We understand local standards, jury tendencies, and how location affects case value.

Resources to Fight Big Property Owners

Whether facing national retail chains, large property management companies, or well-funded insurance carriers, we have the resources to level the playing field.

Proven Results

With over $1 billion recovered and recognition as Top 10 injury lawyers nationally, our track record speaks for itself.

No Recovery, No Fee

We work on contingency—you pay nothing unless we win your case. Initial consultations are always free.

Take Action to Protect Your Rights

If you’ve been injured on someone else’s property anywhere in New Mexico, don’t wait for the property owner or their insurance company to do the right thing. They’re already working to minimize or deny your claim. You need experienced advocates who understand New Mexico premises liability law and will fight for every dollar you deserve.

From the Navajo Nation to the Mexican border, from the Texas state line to the Arizona boundary, Law Giant Injury Lawyers stands ready to help. Contact us at (505) 900-0000 or online for your free consultation. Let us handle the legal battle while you focus on healing.

Frequently Asked Questions:

Premises Liability in New Mexico

Who can file a premises liability claim in New Mexico?

Anyone injured due to unsafe conditions on someone else’s property can potentially file a claim. New Mexico law classifies visitors as invitees (customers, patrons), licensees (social guests), or trespassers, with property owners owing different levels of care to each. Invitees receive the highest protection, requiring owners to inspect for and fix dangers. Even trespassers may have claims in certain circumstances, especially children attracted to dangerous conditions.

What do I need to prove in a New Mexico premises liability case?

You must prove four key elements: (1) the property owner owed you a duty of care based on your visitor status, (2) they breached that duty by failing to maintain safe conditions, (3) their breach directly caused your injury, and (4) you suffered actual damages. Evidence like photos, surveillance footage, witness statements, and documentation of prior incidents can be crucial to proving these elements.

How long do I have to file a premises liability claim in New Mexico?

Generally, you have three years from the injury date to file a lawsuit. However, important exceptions exist: claims against government entities require written notice within 90 days and filing within two years; claims on tribal lands may have different deadlines; and if you didn’t discover your injury immediately, the deadline might extend. Don’t wait—contact an attorney immediately to protect your rights.

What if I was partially at fault for my injury?

New Mexico follows pure comparative negligence rules, meaning you can recover compensation even if you were partially at fault. Your damages will be reduced by your percentage of fault. For example, if you’re found 40% responsible for not paying attention, you can still recover 60% of your damages. Property owners and insurers often exaggerate visitor fault, so having an attorney is crucial.

What are my options if injured on government property?

The New Mexico Tort Claims Act allows lawsuits against government entities for dangerous property conditions, but special rules apply. You must file written notice within 90 days, lawsuits must be filed within two years, and damage caps may limit recovery. Whether injured at a state park, city building, or county facility, experienced legal help is essential for navigating these requirements.

What if the property owner claims they didn't know about the dangerous condition?

Property owners can be liable even without actual knowledge if they should have known through reasonable inspection and maintenance. This “constructive notice” applies when dangers exist long enough that proper care would have discovered them. For example, a leaking pipe that created a slippery floor for days shows negligent maintenance practices.

Are landlords responsible for injuries in rental properties?

Landlords generally have duty to maintain common areas (hallways, stairs, parking lots) and make repairs to dangerous conditions they know about. In residential rentals, landlords must ensure the property meets habitability standards. Commercial landlords may shift some responsibilities to tenants through leases, but can’t completely avoid liability for known dangers.

What's the difference between premises liability and slip and fall cases?

Slip and fall cases are one type of premises liability claim. Premises liability is the broader category covering all injuries on property—dog bites, inadequate security, swimming pool accidents, falling objects, elevator malfunctions, and more. Any injury caused by unsafe property conditions may qualify as a premises liability claim.

How much is my premises liability case worth?

Case values depend on injury severity, medical costs, lost income, property owner negligence, and impact on your life. Minor injuries might result in thousands of dollars, while severe injuries causing permanent disability can be worth hundreds of thousands or millions. New Mexico’s pure comparative negligence rule and the specific facts of your case all affect value.

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